Re:"White hat" Facebook hacker gets 8 months in jail
by abalashov on Sunday February 19, 2012 @04:33AM
(#3609041)
Judges can make inferences based on a person's silence during police question.
Judges can do that here, too. No constitution can stop them from making inferences.
Re:"White hat" Facebook hacker gets 8 months in jail
by DanBC on Sunday February 19, 2012 @04:46AM
(#3609058)
But a Judge in England can say that s/he is taking the defendant's refusal to answer questions in a police station, or a refusal to testify, as evidence of guilt.
A US judge saying that would leave the case open to appeal.
It's important to remember that there is not right to silence here, and Judges can make inferences based on a person's silence during police question.
Better advice is to ask for a solicitor, and say calmly that you'll only talk when you have legal representation.
If you're innocent it's important to give a minimal account (with legal representation) of your actions, because not doing so could lead to a false conviction.